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Rheinlander v. State

Court of Criminal Appeals of Texas, En Banc
Mar 27, 1996
918 S.W.2d 527 (Tex. Crim. App. 1996)

Summary

finding community caretaking doctrine to be at odds with the reasonable suspicion of criminal activity standard

Summary of this case from Cunningham v. State

Opinion

No. 0190-95.

March 27, 1996.

Appeal from County Court at Law No. 3, Travis County, David Crain, J.

Randy T. Leavitt, Austin, for appellant.

Giselle Horton, Assist. CA, Matthew W. Paul, Assist. State's Attorney, Austin, Robert A. Huttash, State's Atty., Austin, for the State.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW


Appellant was convicted on his plea of nolo contendere for driving while intoxicated. The Third Court of Appeals, however, reversed his conviction and remanded the cause for a new trial because the police officer who stopped his car did not believe at the time that appellant was committing any crime but thought instead that appellant might be ill or having mechanical difficulty with his vehicle. The Court of Appeals held that "before a person driving an automobile may be stopped and lawfully detained by an officer, that officer must have specific articulable facts to reasonably suspect that the person stopped is associated with criminal activity." Rheinlander v. State, 888 S.W.2d 917, 918 (Tex.App. — Austin 1994). We granted the State's petition for discretionary review because the lower court's holding raises an important question of law not yet decided by this Court.

Appellant, however, has now died and his attorney has moved this Court to abate his appeal permanently. Under our precedents, the death of an appellant during the pendency of his appeal deprives this Court and the Court of Appeals of jurisdiction. Ryan v. State, 891 S.W.2d 275 (Tex.Crim.App. 1994). Accordingly, the motion to abate is granted, the State's petition for discretionary review and the State Prosecuting Attorney's petition for discretionary review are dismissed, and the Austin Court of Appeals is directed to permanently abate the appeal of this cause. Tex.R.Crim.Pro. 9(b).


Summaries of

Rheinlander v. State

Court of Criminal Appeals of Texas, En Banc
Mar 27, 1996
918 S.W.2d 527 (Tex. Crim. App. 1996)

finding community caretaking doctrine to be at odds with the reasonable suspicion of criminal activity standard

Summary of this case from Cunningham v. State

refusing to adopt "community caretaking function" without direction from Court of Criminal Appeals

Summary of this case from Ortega v. State
Case details for

Rheinlander v. State

Case Details

Full title:Fred RHEINLANDER, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas, En Banc

Date published: Mar 27, 1996

Citations

918 S.W.2d 527 (Tex. Crim. App. 1996)

Citing Cases

Wright v. State

The Court of Appeals appeared to recognize this distinction and declined to extend the holding of Cady…

Fox v. State

But Rheinlander died before this Court could write on the issue, and his petition was dismissed and his…